Music War Blares Anew With Boat Owners Calling the Tune

A noisy battle between boat owners and restaurateurs at the International Boardwalk escalated into an all-out war last week, with the City Council voting to ban music at one restaurant and threatening to do the same at another.

The conflict, which last erupted in April, has flared up again in recent weeks as hundreds of residents and tourists began flocking to the popular waterfront area in search of summer sun and fun.

“They love the food, they love the drink, they love the entertainment,” said Ben Zeinaty, owner of Naja’s Place, a boardwalk restaurant that boat owners and the city’s Harbor Department charge has deteriorated into a noisy public nuisance. The City Council unanimously agreed last week to revoke Zeinaty’s entertainment permit, which allowed bands to play at the storefront restaurant on weekends.

Zeinaty and his neighbor, William Wan, owner of the Harbor Seafood Restaurant, have been at odds since February with about half a dozen boat owners who lease slips adjacent to the boardwalk. The boat owners say music from the restaurants has been so loud that many of them avoid using their yachts or inviting guests to them on weekends.

Harbor for Boats?

“What was the harbor built for?” boat owner Don Sudduth asked the City Council during a hearing Monday on the dispute. “Wasn’t it built for the boats?”

After a public hearing in April, Wan agreed to move his band to the rear of the restaurant and to apply soundproofing materials to the walls. Although police reports say music from the Harbor Seafood Restaurant continues to violate the city’s noise ordinance, the City Council voted last week to delay any action against Wan for 30 days. Wan holds the last entertainment permit at the International Boardwalk.

“I think Mr. Wan has made a real honest effort to comply with the rules,” said Councilman Archie Snow.

But relations between Zeinaty and the boat owners worsened after the April hearing. Zeinaty’s son and a boatman who lives on a yacht got into a shoving match in late April, which resulted in a battery charge being filed against his son, Zeinaty said. The case is scheduled to go to court this week, he said.

Slander Alleged

In a separate incident, Zeinaty filed a slander report against an employee of the Harbor Seafood Restaurant who allegedly told a customer that Zeinaty was paying police officers not to enforce the city’s noise ordinance, police said. The city attorney did not file charges against the employee, ruling that it was a civil matter.

Harbor Director Sheila Schoettger said she is deluged with phone calls from boat owners every Monday morning, complaining that the noise from the bands over the weekend had been unbearable.

“It is my opinion that Mr. Zeinaty knows exactly what is going on,” Schoettger said. “He has just consistently refused to cooperate.”

But despite the complaints, Zeinaty has not been cited for noise violations, primarily because the musicians lower their music when police officers arrive with sound monitors, Schoettger said. Sound levels must be monitored continuously for at least one hour before a citation can be issued, she said.

Police Sgt. Ken Keating, who heads the police pier detail, said noise complaints and other problems involving Naja’s Place and the Harbor Seafood Restaurant require twice as much police time as complaints involving all other businesses in the pier area combined. Keating recommended that the city ban all music on the International Boardwalk.

To Fight City Hall

Zeinaty denied in an interview that his music is in violation of the city’s noise ordinance, and he pledged last week to fight the City Council’s decision to revoke his license. He said he will speak with each council member in an effort to schedule another hearing on the revocation. If that is unsuccessful, he will take the city to court, he said.

“I will not give up,” Zeinaty said. “I am not breaking the law. I have an investment here, and I am entitled to my business.”

But Wan, who can keep his permit for at least 30 more days provided he does not violate the noise ordinance, said he is giving up. After four years of operation, he has decided to sell the Harbor Seafood Restaurant to Zeinaty, who plans to make it part of Naja’s Place.

“I have been so patient in trying to resolve this problem, but we get into an argument over every issue,” said Wan, who has not been cited by police for a noise violation. “One single complaint and they will revoke my permit. It just isn’t worth it. Entertainment is very vital to my business.”

Schoettger said Wan’s entertainment permit is not transferable, meaning Zeinaty will not be able provide entertainment at the Harbor Seafood Restaurant if he acquires it.